Cases
Experience: Successfully obtained dismissal with prejudice on 12(b)(6) grounds for major correctional technology vendor in consumer class action suit bringing civil RICO, fraud
consumer protection claims over rates, fees
commissions charged to inmates
inmate friends
family. Case was dismissed three times under the filed-rate doctrine by the District Court before being appealed to the Fifth Circuit, where the dismissal with prejudice was affirmed by a three-Judge panel per curiam. Alex
er et al. v. Global Tel*Link Corporation, 816 Fed.Appx. 939, 2020 WL 3041323 (June 5, 2020).
Successfully obtained dismissal on 12(b)(6) grounds for major consumer products manufacturer in an antitrust
consumer protection action brought by the Mississippi Attorney General alleging an international price-fixing conspiracy in the manufacturing, production
distribution of wire harness parts used in automotive manufacturing. On appeal, a unanimous Mississippi Supreme Court affirmed the dismissal. State ex rel. Fitch v. Yazaki North America, Inc., et al., 294 So. 3d 1178, 2020 WL 2079092 (April 30, 2020).
Counsel for the Mississippi Lieutenant Governor in Stallworth/JMAA et al. v. Bryant et al. in the Jackson Municipal Airport Authority's effort to prevent transfer of control of the Jackson Medger Wiley-Evers International Airport to a new statutorily-created
regionally-controlled Jackson Metropolitan Area Airport Authority. Case is currently ongoing.
Counsel for major correctional technology vendor in civil RICO, fraud
consumer protection action brought by the Mississippi Attorney General following the resignation
federal incarceration of former Mississippi Corrections Commissioner Christopher Epps.
Counsel for the St
ing Joint Legislative Committee on Reapportionment of the Mississippi Legislature (the SJC ) in NAACP et al. v. Bryant et al. in the NAACP's effort to set aside the results of the 2011 Legislative Elections
to declare the 2012 reapportionment plans adopted by the Mississippi Legislature during the 2012 Legislative session. The decision of the 3-Judge District Court denying all requested relief (unreported) was affirmed on appeal by the United States Supreme Court, 133 S. Ct. 2389, 185 L. Ed. 2d 1101 (May 20, 2013). See also NAACP et al. v. Bryant et al., 2011 U.S. Dist. LEXIS 52822 (May 16, 2011), affirmed by the United States Supreme Court, 132 S. Ct. 542, 181 L. Ed. 2d 353 (Oct. 31, 2011).
Counsel for major consumer products manufacturer in an antitrust
consumer protection action brought by the Mississippi Attorney General alleging an international price-fixing conspiracy in the manufacturing, production
distribution of liquid crystal display (LCD) panels. Case was appealed to the United States Supreme Court on Class Action Fairness Act removal jurisdiction issues resulting in l
mark decision of Mississippi ex rel. Hood v. AU Optronics, 134 S. Ct. 736 (2014). .
Counsel in Carder v. BASF Corp., 919 So. 2d 258 (Miss. 2005), Carder v. BASF Corp., 2003 WL 25267524 (Miss. Chancery Court Nov. 19, 2003), Hood v. BASF Corp., 2005 WL 4685054 (Miss. Chancery Court Feb. 17, 2005),
certain other actions, representing major vitamins manufacturer in antitrust
consumer protection actions brought by multiple plaintiffs,
eventually by the State of Mississippi, alleging price fixing in the marketing
sale of vitamins
vitamin-containing products.
Counsel for major pharmaceutical company in consumer protection action brought by the Mississippi Attorney General alleging that the company engaged in unfair, false
deceptive labeling
off-label marketing of the prescription drug Plavix.
Counsel for major pharmaceutical manufacturers in AWP (average wholesale price) litigation brought by the State of Mississippi, through the Mississippi Attorney General's office, on behalf of the State Division of Medicaid, alleging price fixing
other anticompetitive practices against most of the major players in the pharmaceutical industry related to their reimbursement practices for prescriptions dispensed to Medicaid recipients.
Counsel in Ameristar Casino Vicksburg, Inc. v. Duckworth, 990 So. 2d 758 (Miss. 2008) for several major casinos acting as Amicus Curiae seeking to have the Court's prior opinion withdrawn
replaced. The casinos objected to the Court's categorization of certain lawful promotional drawings as raffles. On rehearing, the casinos successfully convinced the Court to remove the raffle language.
Counsel in Barbour v. State ex rel. Hood,974 So. 2d 232 (Miss. 2008) for Governor Haley Barbour in Governor Barbour's successful defense of his calling of the special Senate election to fill the Senate seat vacated by Senator Trent Lott. The calling had been challenged on constitutional
statutory grounds by Attorney General Jim Hood.
Counsel in Shelter Mut. Ins. Co. v. Dale, 914 So. 2d 698 (Miss. 2005) for Shelter Mutual Insurance Company
Shelter General Insurance Company in their successful challenge of the Mississippi Department of Insurance's prohibition on punitive damages exclusions from st
ard automobile liability policies. This was an issue of first impression under Mississippi law.
Counsel in Sullivan v. Protex Weatherproofing, Inc., 913 So. 2d 256 (Miss. 2005) for Protex Weatherproofing, Inc.
ATX Telecom, Inc. in their successful defense of a lower court's Order compelling arbitration of all claims against both a signatory to the contract containing the arbitration agreement
a non-signatory defendant. This was an issue of first impression under Mississippi law.
Counsel in Tunica Web Advertising, Inc. v. Barden Mississippi Gaming, LLC, 2005 WL 3488499 (N.D. Miss. 2005) for major casino in Tunica, Mississippi, in an antitrust action brought by internet advertiser under Sherman Section One against entire casino industry in Tunica, Mississippi.
Counsel for major mortgage lender in numerous mortgage fraud
consumer protection actions brought by mortgage borrowers against mortgage lenders
brokers alleging predatory lending, fraud
misrepresentation in connection with their mortgage products.
Counsel for major smokeless tobacco manufacturer in numerous antitrust
consumer protection actions brought by consumers of smokeless tobacco products alleging price fixing in the marketing
sale of smokeless tobacco products.
Counsel for major mortgage wholesale lender in numerous mortgage fraud flipping cases brought by borrowers against lender, mortgage brokers/mortgage companies,
various other parties.
Counsel for major consumer finance company in the hundreds of mass tort cases brought by thous
s of borrowers over sales practices related to credit insurance products. See, e.g., Queen v. American General Finance, Inc., 351 F. Supp. 2d 576, (S.D. Miss. 2005).
Counsel for several major life, health
disability insurance companies in numerous cases brought by policy-holders against these insurance companies for sales practices relating to vanishing premium universal life insurance policies, long-term care insurance policies, hospitalization policies
other insurance products. See, e.g., Gammill v. Lincoln Life
Annuity Distributors, Inc., 200 F. Supp. 2d. 632 (S.D. Miss. 2001).
Experienced in intellectual property - patent
trademark litigation.
Counsel for shareholders/partners of Mississippi-based business selling animal health products
supplements in business divorce that included disputes over the ownership
control of federally registered patents for certain of those products. Prosecuted the patent infringement
patent inventorship claims of those shareholders/partners against the remaining shareholders/partners of the defunct corporation.
Counsel for major petrochemical corporation in litigation to dissolve a 51-year old injunction entered to protect certain federally registered trademarks.
Counsel for manufacturer of sports energy products in multiple trademark infringement litigation matters under the Lanham Act seeking to enforce federal registered trademarks
enjoin infringement of such marks by competitors.
Counsel for major telecommunications company in copyright
trademark litigation matters under the Lanham Act seeking to enjoin unauthorized activities including the insertion
affixation of unpaid advertisements into public telephone directories.
